Mystic Dunes Resort & Golf Club

Privacy Policy

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Privacy Policy | Mystic Dunes Resort & Golf Club

1. Introduction

This Privacy Policy governs the manner in which Diamond Resorts International, Inc., its subsidiaries and affiliates (“Diamond”), collects, uses, maintains, and discloses information about you. This Privacy Policy applies to this website (“Site”) and all products and services offered by Diamond excluding our mobile App, which is governed by its own privacy policy.. Diamond is a global company operating across various jurisdictions. We aim to comply materially with applicable privacy laws and regulations in each of the countries in which we do business.

Because protecting your privacy is important to us, Diamond has implemented this Privacy Policy so that you fully understand:

2. What information is help by Diamond?

2.1. Registration Information

If you are a Diamond owner or member, own a timeshare interest at a Diamond-managed resort, or reserve accommodations at our resorts as a non-owner or non-member, you will provide your name, address, telephone number and e-mail address as part of our registration process to create a unique login name and password. You will provide similar information when we enter into a contract with you for the sale of our timeshare product.

2.2 Sweepstakes and Contests

Diamond may sponsor sweepstakes and contests to give owners/members and non-owners/non-members the opportunity to win great travel prizes. Information collected by Diamond for such contests may include contact information and survey questions.

2.2. Online Surveys

Diamond values opinions and comments from owners, members and guests so we frequently conduct online surveys. These surveys are entirely optional for all owners, members and guests. Typically, the information is aggregated and used to make improvements to Diamond products and services and to develop appealing content, features and promotions for owners. Survey participants are anonymous unless otherwise stated in the survey.

2.3. IP Addresses

Diamond collects IP addresses to help diagnose problems with our servers and for system administration.

2.4. On-Property Collection

Local laws may require that we collect additional information from you during registration / check-in at our properties. We may also use closed circuit television and other security measures at our properties that may capture or record images of guests, visitors in public areas and information related to your location while on our properties via keycards and other technologies. We may also use other technologies that record sound or video to protect our staff. In addition, we may collect individual information in connection with on-property services, such as concierge services and activities.

2.5. Server Logs

Like many other websites, our servers automatically record information about your IP address, which ads you click on, the page that directed you to our Site, and the browser type used while accessing our Site. A server log stores the information collected so it can be analyzed for the purposes set out in Section 4 below.

2.6. Other Sources of Personal Information

If you pay for your membership from us using a finance product provided by Diamond you will be asked to provide information to support that application including income, previous addresses and credit record and history. You may also provide information to us when you telephone us, in messages you send to us, for example, via the “contact us” section of our website, via our mobile App (which may also record location information), when you log on as a member or by interacting with any of our social media platforms, for instance by liking and sharing our posts on Facebook or Twitter. Please ensure you read the privacy policies in relation to your social media accounts as we cannot be held responsible for their uses of your personal information.

2.7. Non-Personally Identifiable Information

We may also collect aggregated and anonymous information that does not identify an individual, such as the date and time a given device/browser visited the Site, the web browser used, and the visited page that directed the user to our Site. This Non-Personally Identifiable Information (“Non-PII”) is collected and analyzed to determine how a user may have been directed to our Site, their interests in our products and services, and how to improve our Site. We may also collect information about user activities on the Site and other websites for the purpose of generating advertisements according to assumed or stated user interests and preferences. This may result in our ads being displayed on participating websites based on a user’s browsing activity. This is achieved by allowing third party advertising companies to access things like cookies, IP addresses, and server logs. Some Non-PII may be combined with a user’s PII to further enhance that user’s experience while on the Site. In such a case, or in cases where any of the information above is deemed to be PII under the laws of the particular jurisdiction that information becomes PII and will be handled in accordance with this Privacy Policy.

2.8. Credit Card Information

Owners, Members, Non-Members and Non-Owners may provide Diamond with credit-card information that will be retained by Diamond to assist in making payments quickly without having to type in the same information repeatedly. You can opt out of such retention at any time.

3. PII – Your rights

3.1. Requesting PII

You always have the right to review the PII we keep about you, subject to certain legal and contractual restrictions. You can request reasonable access to the PII about you that Diamond holds by contacting us. Please write "Request PII" in the subject line of your email. Note that we will contact you to verify your identity before disclosing any PII.

3.2. Updating PII

Diamond shall promptly correct or complete any PII found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted on your file. Requests to update, correct or augment PII can be made by contacting us at the THEclub@diamondresorts.com.

3.3. Blocking or requesting erasure of your PII

If you no longer want to use Diamond services, you can ask us to delete and/ or block your PII from being used again. Whether and the extent to which we can honor such requests will depend upon the nature of our relationship with you and may vary in accordance with applicable law. Requests to block your PII from being used again or to delete PII can be made by contacting us at the addresses given below in Section 3.5. In addition, you can delete your user account at any time by signing in on the Site, going to the “Settings” page, and choosing to remove your account. Once you choose to remove your account, we will make good faith efforts to make the changes in our then active databases, or where required by law, so that the PII will be erased or anonymized as soon as reasonably practicable. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules.

However, please note that we may need to retain certain information, for example for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, processing claims or detecting fraudulent activities. We will retain information in accordance with the provisions of Section 4.2 below.

3.4 Notice to California Residents

If you are a resident of California, California Civil Code Section 1798.83 allows you to request information regarding the disclosure of your PII by us to third parties for the third parties' direct marketing purposes. This applies only to their activities within the State of California.

3.5 Special offers and promotions

As an owner, member or guest we would like to provide you with updates about discounted availability, special offers, new services and products of ours which may be of interest to you and to provide you with details of third parties whose products, services and special offers you might also be interested in.

Depending on your location (reflecting applicable law), you may have been asked to indicate preferences regarding the receipt of such information from us, including consent as to the means by which you would like to such receive it.

Wherever you are located (and reflecting any preferences you may have expressed) you may receive such information by letter, e-mail, telephone or any other reasonable means of communication. If you do not want to receive these updates and to understand more about other unsubscribe options, you may contact us at the address given below in Section 3.6 below.

Alternatively, for email communications you can opt-out by checking the opt-out box at the bottom of any e-mail you receive from Diamond.

3.6 How to exercise your rights regarding your personal information

Please contact us at the address(es) set out in the “Contact Us” section of this Privacy Policy in Section 12.

4. How will the information be used?

4.1. Use of the information

We may use the information we collect from you in the following ways:

• To verify your user credentials and/ or identity.

• To carry out our obligations to you.

• To allow you to complete reservations, save points and make payments.

• To manage your account with us, service your requests and administer our relationship with you.

• To allow us to contact you including for customer service and to confirm requests, payment and other transactions with us.

• To provide you with technical assistance in the event you contact us about a technical issue you are experiencing with our Site, services or products.

• To enable us to perform our legal and regulatory obligations as a responsible lender in the event we provide finance to you to purchase our product.

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.

• To improve our Site in order to better serve you.

• To allow us to provide you with better service in responding to your customer service requests.

• To administer a contest, promotion, survey or other site feature.

• To quickly process your transactions.

• To ask for ratings and reviews of services or products.

• To follow up with you after correspondence (live chat, email or phone inquiries).

• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from various authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.

4.2. Retention of your PII

We will retain your PII for as long as necessary in order to fulfill the purposes set forth in this Privacy Policy. We will retain and use this PII only as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and then delete it.

Even if you request to close your account, keep in mind that deletion by third parties to whom the information had been provided may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time (but will not be available to others).

4.3. Devices

We use versions of our regular Site that have been optimized for mobile, which process the personal details you give us in much the same way as our Site does. We offer a Diamond App which allows you to use location services to find accommodations and facilities nearby. Our App is provided by a third party. You should read the privacy policy carefully. With your consent (managed through the App), we may send you push notifications with information about your reservation.

5. Who will the information be shared with, if anyone?

5.1. Affiliates

Our affiliates include companies that are subsidiaries and affiliates of Diamond Resorts International, Inc. and Diamond Resorts (Europe) Limited. Your information may be shared with any of our subsidiaries and affiliates.

5.2. Other Companies

Other than to Diamond and its subsidiaries and affiliates, your information will not be made available to companies outside our group for marketing purposes. If you are a Diamond owner or member and wish to take advantage of our affiliate program it will be necessary to release some PII to those resorts to allow them to administer your booking and contact you about your reservation if they need to. It may be necessary, from time to time, to release information about you (including sensitive information such as a medical condition, disability or a dietary requirement) to external suppliers such as airlines/car hire companies to enable a comprehensive service be provided to you and to process the transaction information.

5.3. Customs and Immigration Authorities

Please also be advised that all airlines are now required by laws introduced in the U.S. and other countries to give cross border control agencies access to customer data. Accordingly any information held about you and your travel arrangements may be disclosed if required by law to the customs and immigration authorities of any country in your itinerary.

5.4. First National Trustee Company Limited

Information for Diamond European Members may also be supplied to First National Trustee Company Limited, an Isle of Man based company (whose details are set out in the Deed of Trust) in order to enable it to perform its supervisory and regulatory functions.

5.5. Other Third Parties

We do not sell individual customer names or other private profile information to other third parties and have no intention of doing so in the future. Occasionally, Diamond will hire a third party to act on our behalf to assist Diamond in furtherance of its business, such as processing reservations for our owners, members and guests, and for projects such as market-research surveys and contest-entry processing and will provide information to these third parties specifically for use in connection therewith. The information we provide to such third parties is protected by an appropriate agreement ensuring that it is used solely for the purposes for which it was provided.

5.6. Authorities Permitted By Law

We may disclose your information to law enforcement and other governmental authorities insofar as it is required by law or is strictly necessary for the prevention, detection or prosecution of criminal acts and fraud. Diamond may also disclose owner, member, non-member and non-owner information, if, in good faith, we believe that disclosure is necessary or advisable including, without limitation, to protect the rights or properties of Diamond or in order to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

5.7. Corporate Transactions

We may disclose your information to a third party who acquires any part of Diamond itself or any of its affiliates, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of Diamond’s assets.

6. Cross-border data transfers out of the European Economic Area and Switzerland

With respect to the collection, use and retention of PII from the EU or Switzerland to the United States, Diamond will follow mechanisms approved by the United States, the European Union, Switzerland and the United Kingdom for such transfers. These mechanisms may include (i) the EU–U.S. Privacy Shield (or other similar framework), (ii) the Swiss-U.S. Privacy Shield (or other similar framework), or (iii) standard Model Contract Clauses approved by the European Commission (or other similar framework).

Please see Diamond's Privacy Shield Policy at https://www.diamondresorts.com/privacy-shield-policy for more information about Diamond's data practices regarding PII it receives from European Union member countries and Switzerland pursuant to the respective Privacy Shield frameworks. To learn more about the Privacy Shield program generally, and to view Diamond's certification, please visit https://www.privacyshield.gov/.

To the extent that PII is transferred to the United States from countries other than European Union member countries and Switzerland, we employ similar safeguards, selecting third party vendors carefully, ensuring PII will be used and disclosed only as set out in this privacy policy and that it be protected by appropriate security safeguards.

7. Browser Data, Cookies and other Web Technologies

7.1. Cookies

Like many websites, this Site uses automatic data collection tools, such as cookies, to improve your user experience. Cookies are elements of data sent to your browser which can then be stored on your computer. We use cookies to:

• Help remember and process the items in the shopping cart.

• Understand and save your preferences for future visits.

• Keep track of advertisements.

• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

• Although you may disable cookies in your browser and still access and use this Site, disabling cookies may prevent you from taking advantage of certain features on the Site.

7.2. Google Analytics

This Site uses Google Analytics (“GA”) to collect data activity. GA may be used for Display Advertising.

This Site also uses Remarketing with GA to advertise online. Third-Party vendors, including Google, may show ads on websites across the internet. This Site and third-party vendors, including Google, use first-party cookies (such as the GA cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our Site; report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this Site.

7.3. Foglight Experience Monitor

Diamond uses Foglight Experience Monitor technology and may record mouse clicks, mouse movements, page scrolling and any text keyed into website forms. Data collected by this recording system will be used to improve our Site usability and customer service. Foglight does not track your browsing habits across websites which do not use the Foglight service.

See also Section 7.2 for specific opt out options for Google services.

These opt-out mechanisms rely on cookies to remember your choices with respect to ad-serving on websites. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests based on activities observed on our Site and/or web sites or mobile apps not owned and operated by Diamond.

7.5. Do Not Track Requests

Some web browsers may let you enable a "Do Not Track" feature that sends signals to the website you visit, indicating you do not want your online activities to be tracked or engage in other types of data collection. These are segments of computer code that communicate with a website similarly to cookies. However, this is different than blocking or deleting cookies, as browsers with a “do not track” feature enabled may still accept cookies. This Site does not currently honor "Do Not Track" requests. If we do so in the future, we will describe how in this Privacy Policy.

8. Security

8.1. Security Measures

Diamond will take reasonable measures to: (i) protect your PII from unauthorized access, disclosure, alteration or destruction, and (ii) keep PII accurate and up-to-date as appropriate. We also seek to require our affiliates and service providers with whom we share PII to exercise reasonable efforts to maintain the confidentiality of PII about you. For online transactions, we use reasonable technology to protect PII that you transmit to us via our Site. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure.

8.2. Disclaimer

The transmission of PII via the internet is never completely secure. While we endeavor to protect and maintain the confidentiality of the PII you submit to us we cannot accept, and hereby expressly disclaim any liability from losses relating to the unauthorized disclosure or interception via the Internet of any information that you submit. Furthermore, our Site may contain links to third parties' websites. Please note that we are not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties.

For your own privacy protection, we encourage you to limit the PII and other sensitive personal information you send to us by email. In particular, please do not send credit card numbers to us by email.

9. Children

9.1. Under age 13

If you are under 13 years of age, please do not send any information about yourself to us online, including your name, address or e-mail address. If we discover that we have collected any PII online from a child under the age of 13 and have not received verifiable parental content for such collection, we will remove that information from our database as soon as possible.

9.2. 13-18:

You must be at least 18 years old in order to submit any information to us online, participate in any online sweepstakes or contests, buy a membership or reserve a stay.

10. Changes to this Privacy Policy

Diamond has the discretion to update or revise this Privacy Policy at any time. If we update this Privacy Policy, we will notify you by posting the revised Privacy Policy on the Site, and for certain revisions that materially expand the ways in which we use or share the information previously collected from you either display an alert next to the Privacy Policy or otherwise on the Site in advance of and/or concurrently with the changes taking effect, or directly communicate with you in advance of the changes. Your continued use of the Site, our products and services after the changes have been made will constitute your acceptance of the changes. Please do make sure you read any such notice carefully. If you do not wish to continue using the Site, our products or services under the new version of the Policy, please cease using them and contact us with your concerns, otherwise we will interpret your continued use as acceptance of the changes.

If you have any concerns regarding our Privacy Policy or privacy practices (whether current or following an advised change) you should contact us and reference “Privacy Policy” in your subject line. Diamond will attempt to respond to all reasonable concerns or inquiries within ten (10) business days of receipt.

11. Definitions

For purposes of this Privacy Policy, the following definitions shall apply:

“Diamond” means Diamond Resorts International, Inc. and its subsidiaries, divisions, and groups in the United States.

“PII” means personally identifiable information relating to an identified or identifiable person, such as first and last name, address, email address, telephone number, and credit card information.

“Non-PII” means any other information that Diamond may collect about you that does not fall under PII, such as the date and time you visited the Site, the web browser you used, the page you visited that directed you to our Site, and your activities on our Site.

“Privacy Policy” means Diamond’s Privacy Policy.

12. Contacting us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us:

In the United States or Canada by writing to our Customer Service Department at 10600 W. Charleston Blvd, Las Vegas, Nevada 89135, by telephoning 877.374.2582, or by e-mailing our Customer Services Department at THEClub@diamondresorts.com.